Snowy River Shire Council v Adaminaby Craft Group Inc [2014] NSWLC 7

Local Court New South Wales

Medium Neutral Citation: Snowy River Shire Council v Adaminaby Craft Group Inc [2014] NSWLC 7 Hearing dates: 19-20/03/14; 9-10/04/2014 Decision date: 19 June 2014 Jurisdiction: Civil Before: Magistrate Bone Decision: Verdict for the plaintiff Catchwords: TORTS - detinue - claim for return of a curtain - creative work depicting features and history of town - curtain sewn by volunteer members of the community - dispute as to ownership - dispute as to creator of design Legislation Cited: Local Government Act 1993 Cases Cited: Associated Alloys Pty Ltd v ACN 001 452 106 Pty Ltd (2000) 202 CLR 588 Leigh v Taylor [1902] AC 157 McKeown v Cavalier Yachts Pty Ltd and Anor (1988) 13 NSWLR 303 Texts Cited: Fleming on Torts Halsbury's Laws of Australia Category: Principal judgment Parties: Snowy River Shire Council (plaintiff) Adaminaby Craft Group Inc (defendant) Representation: A Bradbury for the plaintiff J Robb for the defendant File Number(s): 2012/180465

Judgment

Reasons for Decision 1The plaintiff Council has taken proceedings in the General Division of the Local Court for the return of a curtain. The Council asserts that it is owner of the curtain and that the defendant has the curtain in its possession and the Council wants it back. The defendant does not assert that it owns the curtain but accepts that it has it in its possession. It denies that the Council is the owner of the curtain and asserts that it, the defendant, is under no obligation to return the curtain